Sallyanne Everett

With over 25 years' experience in environment, planning, heritage and land acquisition law, Sallyanne Everett's particular interest is in advising clients on securing approvals for major development and infrastructure projects, environmental enforcement and regulatory compliance.

She's advised on some of Victoria's most significant projects, raising complex and contentious planning and environmental law issues, based on a strategic and solutions-driven approach to issues.

From advising on the full suite of available processes, Sallyanne's experience with the different assessment and approval pathways in Victoria is unmatched. Her track record includes some significant firsts:

she advised on the first project (Peninsula Link) to access the project delivery provisions of the Major Transport Projects Facilitation Act 2009;

she advised on the first project (East West Link (Eastern Section)) to fully utilise the comprehensive impact statement assessment process under that Act.

Sallyanne has extensive experience in advising public and private sector clients on projects requiring an Environment Effects Statement, Planning Scheme Amendment and/or Panel Inquiry, as well as a wide range of planning, environmental and heritage permissions and approvals, including under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

She advises on environmental, planning and heritage regulatory compliance, licensing and approvals, enforcement, site contamination, environmental auditing, waste generation and disposal, pollution control, risk management and environmental and planning due diligence. She frequently works as part of team of consultants and advisers across a range of disciplines in corporate mergers, acquisitions and commercial property transactions.

Sallyanne's breadth and depth of expertise in environment, planning and heritage law as well as land acquisition, compensation and public and administrative law in a range of industries and sectors, enable her to provide not only detailed and practical advice but also strategic advice to her clients.

Sallyanne's clients include major corporations in the energy and resources, manufacturing, property development and finance sectors as well as Victorian State government departments and agencies.

Recognition

Best Lawyers Australia: voted by peers as one of Australia's Best Lawyers in

- Planning and Environmental Law (2013-2019)

Chambers Asia Pacific:

- ranked as leading in Environment (2016-2018)
- "Sallyanne Everett is highly experienced in assisting with the approvals processes associated with major infrastructure projects. She acted for Linking Melbourne Authority on various planning, environmental and heritage issues associated with the East West Link project." (2016)
- Sallyanne is recognised as an up and coming leading lawyer in Environment. Chambers notes: "Sallyanne Everett is noted for a particularly broad range of environmental law experience, which covers transport, infrastructure and resources projects in both the public and private sectors." (2012)
- Sallyanne is recognised as an up and coming leading lawyer in Environment. Chambers notes: "Sallyanne Everett specialises in environmental assessments for major projects and developments. She is well reputed in both the public and private sectors". (2011)

Doyles Guide: recognised as leading in Planning and Envrionment (2016)

PLC Which Lawyer?: Sallyanne was recommended in the field of Environment. (2011)

Expertise

Environment and Planning

East West Link (Eastern Section):Sallyanne was the lead legal adviser to Linking Melbourne Authority on all planning, environmental and heritage issues relevant to this proposed road project – from business case development, early works investigations, assessment and approval of the project under the Major Transport Projects Facilitation Act 2009 through to project procurement, evaluation and contract award. This included advising on each step of the comprehensive impact statement assessment and approvals process under the Act, and assisting with obtaining legislative amendments to further reduce red tape and procedural delays. Sallyanne's work also included advising on the process to secure heritage approval for the project under the Heritage Act 1995 in respect of the inclusion of Royal Park on the Victorian Heritage Register. Sallyanne worked closely with her client and technical advisers to secure all necessary approvals for the project and satisfy key approval conditions relevant to the contractors' design proposal.

East West Link (Western Section):Sallyanne assisted the then Victorian Department of Transport, Planning and Local Infrastructure in drafting the tender documents for both Planning and Engineering Services and Communications, Community and Stakeholder Engagement Services for this proposed road project. This included drafting the Project Services Brief scoping the services to be provided and their staging for the assessment, approval and procurement of the project drawing on her experience with the comprehensive impact assessment and approvals process under the Major Transport Projects Facilitation Act.

Peninsula Link:Sallyanne advised Linking Melbourne Authority on all legal aspects associated with the assessment and approval processes of the project, including on the Panel Inquiry into the environmental effects of the project under the Environment Effects Act 1978, which addressed a full range of planning, environmental, transport, traffic, native vegetation, social and economic issues. She advised on the requisite planning and environmental approvals, drafted site specific planning controls and Project Deed provisions allocating risk for planning, environment and heritage issues. Sallyanne was also instrumental in successfully defending enforcement order proceedings before VCAT threatening to delay the project and an appeal against heritage permit conditions before the Heritage Council.

Pakenham Bypass – Compensation Claim:Sallyanne advised then Vic Urban on compensation issues under the Land Acquisition and Compensation Act 1986 associated with the partial acquisition of land for the purposes of the Pakenham Bypass, including valuation, planning and servicing issues.

M1 Corridor Upgrade:Sallyanne advised the State of Victoria on planning and environmental issues associated with the upgrade of the Monash-Westgate Freeway Project, including the application of the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Effects Act 1978.

Melbourne Airport Rail Link:Sallyanne drafted the environmental management plan for the panel / advisory committee hearing, on behalf of the then Department of Infrastructure. This required developing a framework for the management of environmental issues and identifying and specifying risk management and mitigation measures to be carried out during the construction and operational phases of the project, drawing on the advice of technical experts.

Melbourne City Link Project:Sallyanne advised the State Government on a range of planning, environmental and compensation issues associated with various aspects of the project. This included advising and representing the State Government in relation to a number of Planning Scheme Amendments and development proposals with the potential to impact on the project.

Traralgon Bypass:Sallyanne advised the then Department of Primary Industries in relation to supplementary advisory committee inquiry into the proposed route for the western section of the Traralgon Bypass giving rise to conflicting issues associated with the protection of available coal resources and urban expansion.

Social & Education

Bendigo Hospital Redevelopment:Sallyanne advised the Department of Health on all relevant planning and heritage issues with respect to this $630 million PPP redevelopment project.

Biosciences Research Centre Project:Sallyanne advised Major Projects Victoria on planning issues with respect to the Biosciences Research Centre PPP Project at La Trobe University including planning approvals required and available options for expediting the planning approvals process.

Royal Children's Hospital Project:Sallyanne advised the Victorian Department of Human Services on planning and Aboriginal heritage issues associated with this project and the form of planning controls most suitable to facilitate delivery, use and development.

Manufacturing

Toyota Motor Corporation Australia Limited and Bob Jane Corporation Limited: Advising these clients in relation to two separate Planning Scheme Amendments to the Melbourne Planning Scheme proposing to rezone land and apply a heritage overlay and design and development overlay restricting development potential on site. This included representation before a panel hearing resulting in favourable recommendations from the panel.

Alcoa World Alumina Australia:Sallyanne acted for many years for Alcoa of Australia providing advice on operation compliance issues associated with its aluminium smelters at Point Henry and Portland and its power station and coal mine at Anglesea.

Power Station Project:Advised HRL on environmental and planning law issues with respect to its proposed new coal fired power station in the Latrobe Valley. Sallyanne is continuing to advise HRL in relation to environmental upgrade works at a manufacturing facility.

Construction and Major Projects

East West Link (Eastern Section):Sallyanne was the lead legal adviser to Linking Melbourne Authority on all planning, environmental and heritage issues relevant to this proposed road project – from business case development, early works investigations, assessment and approval of the project under the Major Transport Projects Facilitation Act 2009 through to project procurement, evaluation and contract award. This included advising on each step of the comprehensive impact statement assessment and approvals process under the Act, and assisting with obtaining legislative amendments to further reduce red tape and procedural delays. Sallyanne's work also included advising on the process to secure heritage approval for the project under the Heritage Act 1995 in respect of the inclusion of Royal Park on the Victorian Heritage Register. Sallyanne worked closely with her client and technical advisers to secure all necessary approvals for the project and satisfy key approval conditions relevant to the contractors' design proposal.

East West Link (Western Section):Sallyanne assisted the then Victorian Department of Transport, Planning and Local Infrastructure in drafting the tender documents for both Planning and Engineering Services and Communications, Community and Stakeholder Engagement Services for this proposed road project. This included drafting the Project Services Brief scoping the services to be provided and their staging for the assessment, approval and procurement of the project drawing on her experience with the comprehensive impact assessment and approvals process under the Major Transport Projects Facilitation Act.

Peninsula Link:Sallyanne advised Linking Melbourne Authority on all legal aspects associated with the assessment and approval processes of the project, including on the Panel Inquiry into the environmental effects of the project under the Environment Effects Act 1978, which addressed a full range of planning, environmental, transport, traffic, native vegetation, social and economic issues. She advised on the requisite planning and environmental approvals, drafted site specific planning controls and Project Deed provisions allocating risk for planning, environment and heritage issues. Sallyanne was also instrumental in successfully defending enforcement order proceedings before VCAT threatening to delay the project and an appeal against heritage permit conditions before the Heritage Council.

Pakenham Bypass – Compensation Claim:Sallyanne advised then Vic Urban on compensation issues under the Land Acquisition and Compensation Act 1986 associated with the partial acquisition of land for the purposes of the Pakenham Bypass, including valuation, planning and servicing issues.

M1 Corridor Upgrade:Sallyanne advised the State of Victoria on planning and environmental issues associated with the upgrade of the Monash-Westgate Freeway Project, including the application of the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Effects Act 1978.

Melbourne Airport Rail Link:Sallyanne drafted the environmental management plan for the panel / advisory committee hearing, on behalf of the then Department of Infrastructure. This required developing a framework for the management of environmental issues and identifying and specifying risk management and mitigation measures to be carried out during the construction and operational phases of the project, drawing on the advice of technical experts.

Melbourne City Link Project:Sallyanne advised the State Government on a range of planning, environmental and compensation issues associated with various aspects of the project. This included advising and representing the State Government in relation to a number of Planning Scheme Amendments and development proposals with the potential to impact on the project.

Traralgon Bypass:Sallyanne advised the then Department of Primary Industries in relation to supplementary advisory committee inquiry into the proposed route for the western section of the Traralgon Bypass giving rise to conflicting issues associated with the protection of available coal resources and urban expansion.

Victorian Desalination Project:As the lead environment and planning adviser to AquaSure Consortium (comprising Macquarie, Thiess, Degremont and Suez Environnement) who were successfully appointed by the Victorian Government to design, build and operate a $3.5 billion desalination plant in Victoria, Sallyanne was responsible for advising on all planning, environment and heritage issues relevant to the project and its various components. This included requisite approvals, secondary consents, environmental impact assessment matters and allocation of risk in the project documentation. Sallyanne has continued to provide advice on the project during its development and commissioning phases.

Biosolids Treatment Facility Project:Sallyanne advised Plenary on this project, securing an EPA works approval before VCAT in proceedings instituted by a third party environmental group challenging the EPA's decision to grant the approval. Sallyanne also advised Plenary in a subsequent appeal to the Supreme Court on questions of law which were successfully determined in Plenary's favour, and which has become a leading case on the extent of third party rights to appeal an EPA works approval decision.

Renex Soil Treatment Facility: Sallyanne was the lead adviser to Renex in relation to requisite planning and environmental approvals for a hazardous waste treatment facility in Dandenong including advice in relation to an EPA works approval and conducting VCAT review proceedings securing planning permission for the project.

Energy and Resources

Mortlake Power Station:Sallyanne advised Origin Energy on the planning and environmental approvals for the Mortlake Power Station including assisting with the Environment Effects Statement and Planning Scheme Amendment process, and advising on the requirements of the then new Aboriginal Heritage Act 2006. More recently, Sallyanne gave advice on the scope of planning and environmental approvals granted for the project and the extent to which they offer protection against augmentation of the terminal station.

Iluka Murray Basin Stage 2 Project:Sallyanne advised Iluka Resources in relation to the Murray Basin Stage 2 Project, which required an Environment Effects Statement, approved work plan and work authority under the Mineral Resources (Sustainable Development) Act, EPA Works Approval and approval by the Commonwealth Environment Minister under the Environment Protection and Biodiversity Conservation Act. The project also required a number of road closures and diversions under the Road Management Act. Sallyanne advised Iluka in relation to the environmental assessment and approvals process, which included a Panel Inquiry into the environmental effects of the project, and approval conditions at both the State and Commonwealth levels.

Nowingi Long Term Containment Facility:Sallyanne advised the then Department of Infrastructure in relation to the combined Environment Effects Statement, Planning Scheme Amendment, EPA Works Approval application and accredited assessment process under the Commonwealth Environment Protection and Biodiversity Conservation Act1999, on the proposed Long Term Containment Facility (toxic waste dump) at Nowingi. This involved advising the Department on all aspects of the environmental and planning approvals process for the project, reviewing technical reports, advising on the Planning Scheme Amendment, briefing expert witnesses in relation to their Panel reports, reviewing submissions and instructing Counsel during the Panel hearing.

Hazelwood West Field Coal Mine Expansion:Sallyanne advised and represented HRL before a Panel Inquiry into the environmental effects of the Hazelwood West Field Project and associated Planning Scheme Amendment. This included acting for and representing HRL throughout the assessment process, engaging expert witnesses, settling expert witness reports and representation before the Panel inquiry. In this matter, Sallyanne's submissions to the Panel in relation to its obligations under the Planning and Environment Act 1987to consider submissions on the Amendment were upheld by VCAT, which required the Panel to consider the greenhouse gas emissions generated by the continuing operation of the Hazelwood Power Station facilitated by the Amendment.

Administrative and Public Law

Peninsula Link: Sallyanne was instrumental in successfully defending enforcement order proceedings before VCAT threatening to delay the project and an appeal against heritage permit conditions before the Heritage Council.

Pakenham Bypass – Compensation Claim:Sallyanne advised then Vic Urban on compensation issues under the Land Acquisition and Compensation Act 1986 associated with the partial acquisition of land for the purposes of the Pakenham Bypass, including valuation, planning and servicing issues.

Toyota Motor Corporation Australia Limited and Bob Jane Corporation Limited: Advising these clients in relation to two separate Planning Scheme Amendments to the Melbourne Planning Scheme proposing to rezone land and apply a heritage overlay and design and development overlay restricting development potential on site. This included representation before a panel hearing resulting in favourable recommendations from the panel.

Real Estate

Torquay Golf Course Redevelopment:Sallyanne advised RACV in relation to this redevelopment and in securing planning approval for a new hotel development before VCAT, giving rise to a range of planning and environmental issues.

Stockland and Highlands Residential Development:Sallyanne advised Stockland in relation to the assessment and approvals process under the Commonwealth Environment Protection and Biodiversity Conservation Act1999 relevant to this development and the use of offsets to mitigate impacts on a listed species.

ABC:Sallyanne advised ABC in relation to the application of planning controls with respect to a commercial development adjacent to its existing ABC headquarters in Southbank.

Inner Urban Mixed Use:Sallyanne acted for Premier Developments Pty Ltd in relation to the development of a six storey apartment building containing 60 dwellings, a cafe and an office in Kerr Street, Fitzroy. She successfully represented her client in an appeal against several of the planning permit conditions imposed by Yarra City Council, including those relating to the detailed design of the building, and that the top level of the development be deleted.

Transport and Logistics

Port of Melbourne Corporation:Sallyanne advised the Corporation on a number of land contamination and pollution control issues, including in response to clean up notices issued by the Environment Protection Authority under the Environment Protection Act and in relation to the proposed acquisition of partially remediated contaminated land.

Investigations and Crisis Management

Environmental Enforcement Action:Sallyanne has advised many corporate clients in relation to environmental incidents and alleged non-compliances under both the Environment Protection Act 1970 and the Commonwealth Environment Protection and Biodiversity Conservation Act1999. This includes advice on the full range of enforcement measures including clean-up notices, pollution abatement notices, licence amendments, prosecutions, scope for director and manager liability and potential liability (as owner) for the actions of others.

Government Services

Land Acquisition and Compensation matters: Sallyanne has advised public and private sector clients on the compulsory acquisition of land and entitlement to compensation, including for financial loss claims under the Planning and Environment Act 1987.This has included advice on land access issues associated with the East West Link (Eastern Section) Project, entitlement to financial loss compensation under the MTPFA, advice to then VicUrban on its claim for compensation with respect to the Pakenham Bypass, advice to ICI in relation to its claim for compensation associated with the compulsory acquisition of land for the Deer Park Bypass and advising a private client in relation to his disputed compensation claim before VCAT with respect to a partial acquisition of land for the Craigieburn Bypass. Over the course of these matters, Sallyanne has advised on a range of planning, valuation and development issues and heads of claim including severance, disturbance, market value, highest and best use, expenses and executive time claims. She has developed strategies to determine claims to her clients' advantage, including disputed claims referred to either the Supreme Court or VCAT.

Valuation Appeals:Sallyanne advised the Port of Geelong in relation to its valuation objection and appeal with respect to industrial land within the Port of Geelong, including reclaimed land. She also advised as part of a peer reviewthe Port of Melbourne on similar issues associated with its valuation objection and appeal with respect to land owned by the Port.